Waiting on handgun purchase permits for 10 weeks. What are my options?

[Cecil Harvey 32]

I already have my FID card; I got that last year, and did not get any handgun permits at the time, as I didn't have enough money to use them yet. I applied for 3 handgun purchase permits, turning in all the necessary paperwork at my local police station over 10 weeks ago. There is one detective in our town that is in charge of the handgun permit process. He is rarely at his desk, and he does not ever return his messages. The last time I was able to talk to him was over 3 weeks ago. For the past 2 weeks, I've been literally calling him 4-8 times a day, and leaving a message every Tuesday. 

 

When I last spoke to him, he claimed that everything was submitted to the state months ago, and that the state is the holdup. I know that it has taken friends in other towns far less time, so I don't believe the state is the bottleneck. I know my references returned their letters. 

 

Is there any legal course of action I can take? I'm thinking about writing to the police chief in my town and mentioning my intent to take legal action against the department if they cannot comply in a timely manner. Are there any lawyers that specialize in this sort of thing? How much will it cost me to fight this? Will threatening legal action likely motivate the PD, or will it do the opposite?

 

I'm hoping to move out of NJ in a 2 years or so, and this is a big reason why. 

[lunker 274]

You may want to call NJ State Police to find out if they are done with your paperwork. Local PD's often blame their own delays on the state pd.

You need to schedule an appointment with the police chief. Let him know the situation and that it is unacceptable. Be firm but persistent.

[ClangClang 14]

Be polite and don't threaten, at least not at first.  Cite the 30 day statute.  Mention other cases you know of where it took less than 10 weeks.

[DirtyDigz 1,812]

Get in contact with the NJ second amendment society - check my signature line.

 

I believe they generally advise getting in contact with the mayor of your town first.

[Cecil Harvey 32]

I believe they generally advise getting in contact with the mayor of your town first.

 

The mayor of my town is firmly in the anti-gun camp. That will do nothing. 

 

I'll try contacting NJ2AS as you suggest. What should I ask them for?

[DirtyDigz 1,812]

Start by actually going to the NJ2AS site and reading.  Here's a head start:

 

http://www.nj2as.com/delays

[wink-_-wink 1]

Many of us waited 6-10 months for our permits.  your only at 10 weeks... your to the point where you should be calling the PD every 2-3 days. I wouldnt threaten legal council unless you actually plan on hiring someone and your gunna pay a pretty penny for that council and still wind up waiting....

[Cecil Harvey 32]

Many of us waited 6-10 months for our permits.  your only at 10 weeks... your to the point where you should be calling the PD every 2-3 days. I wouldnt threaten legal council unless you actually plan on hiring someone and your gunna pay a pretty penny for that council and still wind up waiting....

As I stated, I'm already calling 4-8 times a day, and getting no response. I'll call asking for an appointment with the police chief tomorrow.

 

How is there not a huge class-action suit or similar with the state regarding these turnaround times? They are violating the law, not us.

[Cecil Harvey 32]

Start by actually going to the NJ2AS site and reading.  Here's a head start:

 

http://www.nj2as.com/delays

Thanks for the link. That's good information that I will act on ASAP.

[DirtyDigz 1,812]

...

 

How is there not a huge class-action suit or similar with the state regarding these turnaround times? They are violating the law, not us.

 

Because a judge ruled that police departments have an out on the 30 day requirement - they can delay while they wait for reports from other agencies.

 

Link to case for more detail (link goes to .doc file, word processor needed):

 

http://www.njsacop.org/rc_files/88/Adler%20v%20Livak%20-%20Firearms%20Permits.doc

 

 

... We read the statutory scheme as requiring a chief of police to withhold action on an application for a firearms purchaser identification card until receipt of the requisite SBI and FBI fingerprint reports. ...

[DirtyDigz 1,812]

BTW Cecil Harvey, I applaud you taking action in support of your rights.  Just because others endured months-long waits for their FID's or permits does not mean you have to.

[boo 6]

BTW Cecil Harvey, I applaud you taking action in support of your rights.  Just because others endured months-long waits for their FID's or permits does not mean you have to.

 

+1

[Cecil Harvey 32]

The detective actually called me back today after weeks of me trying to call him. He said that the paperwork was with the state. I asked if I could get any status from the state police, and he said if I tried to contact them, it would just piss them off. He said that I should try to call him again in another two weeks. He was getting angry at me for asking questions. I don't think I'll get anywhere with the police chief. I'm thinking about contacting the state police next.

[lunker 274]

The detective actually called me back today after weeks of me trying to call him. He said that the paperwork was with the state. I asked if I could get any status from the state police, and he said if I tried to contact them, it would just piss them off. He said that I should try to call him again in another two weeks. He was getting angry at me for asking questions. I don't think I'll get anywhere with the police chief. I'm thinking about contacting the state police next.

 

Let's be clear here. You are changing course because someone is most likely trying to deflecting blame/avoid work? He tells you not to check the status because you will "piss off" the State Police. Are they so petty that they will slow down your application because you have the audacity to inquire about the status of your application? Unlike most local pd, the State Firearms Unit is a dedicated resource for this work. It sounds like the local officer assigned this work is a jerk. Call the state police firearms department. Be polite and ask them if they have received paperwork for you from your town. Be sure to get the State PD officer's name and number.

Scenario #1 - He tells you no, and your local guy is bullshitting you. It wouldn't be the first time local pd tries to put blame on the state pd. Speak to your local guy. Tell him the state officer's name and number. Let him know you explained the situation to the state. Suggest he contact the state pd officer to sort it out.

Scenario #2 - He says he has the paperwork and he is still working on it. Thank him for his time and wait two weeks.

Scenario #3 - He says that your application was processed and passed back to the local pd. Contact your local officer again with that information. He won't like being called out on his BS, but sometimes standing up for yourself makes you a bit less popular.

From the sounds of what you have written about your dealing with local pd, I am guessing scenario #1 or #3 is the case.

Good luck.

[Cecil Harvey 32]

I will be contacting the state police next. I just don't think talking to the police chief will yield anything. 

[bhunted 887]

You need to contact the Gov and Ag office in writing declaring Official Misconduct... Then you may get somewhere. Pissing at the people from the bottom up will go nowhere. Period!

 

 

Sent from John's iPad 2 via Tapatalk HD

Typos courtesy Apple...

[njJoniGuy 2,133]

...Pissing at the people from the bottom up will go nowhere...

Except for raining back down on your own head.

Gravity is a b1tch.

[jm1827 284]

I will be contacting the state police next. I just don't think talking to the police chief will yield anything. 

I contact the NJSP all the time for my permits, they are always professional and at least appear to be working with me.  Although I question how effective it is, they have never appeared "pissed off".

 

After 2-3 months, then I will contact the AG, NJSP super, LT Gov, Gov and my local representatives.

[Cecil Harvey 32]

Local representatives are a wash for me too... state senator is Dick Cody. The other two are ex-teacher democrats. 

 

I'm going to call the state police today to inquire, but I'm not terribly hopeful. 

 

One thing I definitely will do is when I do finally pick up my permits, I'll turn in an application for another 3. And when they come in, another 3, and so on. I doubt I'll use more than 1 per year (except whenever the first batch comes in, I'll use 2... 30 days apart of course), but I'm going to apply for at least 12 per year, every year until I leave this state. It'll piss off the local police and I'll always have the option to purchase if the need arises.

 

I guess it's partially my fault for waiting till the age of 35 to get into the hobby. I've wanted to for a decade, but just never had money, and never got off my ass until a friend took me to the range. Now I am just itching to get a handgun so I can practice frequently and not suck with them.

[45Doll 5,903]

While I understand your point CH, and might even be inclined to do that myself to vent, I will point out that doing this will also needlessly contribute to the wait time for everyone else. Unless of course you're actually buying 12 handguns a year.

 

I often wonder how many others are doing this and generating unnecessary work, and if that's a contributing factor to why the workload is so large and the delay so long.

 

Personally I prefer to get all my ducks in a row, apply for xx permits at once, and get another multi-handgun exemption. One check for XX permits. One NICS check too, instead of xx.

 

Consider it.

 

By the way, I'm still waiting on NJSP from July 23; 13+ weeks. So I feel your pain.

[Cecil Harvey 32]

The thing is, 45Doll, I'm a new gun owner. To a degree, I don't know what I want. I just want to be able to buy what I want, when I want. Maybe even, I don't know, take advantage of a good deal at a LGS if it pops up.

 

As it is, I already purchased a handgun online, had it shipped to an LGS, payed for the FFL transfer, and now it's sitting in their safe. 

 

The other issue is, and I didn't mention this earlier, it took me 7 weeks of constantly calling to make an appointment with the detective in my town just to turn in my application. He'll only accept it in person. Face time with him is near impossible. So, if I'm seeing him to pick up my permits, I'm going to hand him the new application then and there. 

 

I wish I didn't work in tech. I'd love to move somewhere far away from the coasts so I won't be harassed like this. But I can't right now.

[45Doll 5,903]

That of course is how our rights are supposed to work. Except of course in PRNJ.

 

And your scenario does sound bizarre. Since you're going through a local PD (I'm the NSJP) it sounds like a chat with the Chief or the Mayor is in order. There's no reason to wait 7 weeks to be permitted to apply.

 

I remember the first time I applied around 1978 in Madison. When I applied they asked me "What do you want a handgun for?" Hahaha!

 

After about two or three months I started calling. I kept getting the run around with a variety of stories. Finally I demanded to speak to the Chief. After being put on hold for a minute, I was then advised my permits would be ready for pickup the next day. Voila!

 

I guess depending on your locale, things haven't changed much. Except of course for OGAM.

 

Well, in any event, good luck CH.